What are your rites as common-in-law?

[confused]

Hi i have recently split with partner due to his abuse towards me (which he currently waiting sentence) after being together for 6yrs lived together, have 3 kids together but never married!
I am trying to sort his stuff out to help me move on but i am confused about what how it all works legally!
I am happy to give him his personal belongings but how do i go about working out whos is whos and splitting assets?
For example we have just sold house abroad which i contributed finacially and physically but it was only in his name - am i able to claim my share or able to claim share on behalf of kids to be put in trust fun rather than him blow it all!

Im not money grabber far from it but i dont see why after all he has put us through he should walk away with everything living it up and me and my kids have nothing!

[sandyRoe]

You need to talk with a lawyer.

[confused]

Yes sandyRoe i thought about that but unfortunatly at the moment i cant afford a lawyer so im just seeing if anyone has been in similar position and what they did etc

Thanks

[ummmm]

Can you get legal aid?

You have no actual rights as common law.....that's a myth. You take out what you brought into the relationship.

What did you put into this house abroad?

[chelle7272]

You may be able to get legal aid. Also if it was a violent relationship there are organisations around that can help you with sorting all these things out. Contact local domestic abuse services, the police da team may be able to point you in the right direction.

However, as ummm said you have no legal rights unless you can prove what you put into the house or other assets. Personally, if he was that bad I'd write it off so I could move on with my life.

[ummmm]

And paying day to day bills and upkeep doesn't count. You would have had to do much more than that to have an interest in his property.

[confused]

oh great so basically he can treat me like crap, beat me up, try to kill me, and all the rest of it but he can walk away from his children and live it up and theres nothing i can do about it just because i didnt marry him!
The law stinks - so much for equal rites and justice!

[madmaggot]

Don't know about abroad but a friend of my husband died, the house was in his name but his girlfriend had contributed by paying bills, etc and could prove that she had done so. His family was prevented from selling the house and she was granted leave to stay there and got a % share when it was eventually sold.
Different circumstances I know but it shows what can be done if you get legal advice.

[boxtops]

Confused go see a solicitor, you may be entitled to a free consultation. Your rights are not at all clear, and you need to know what if anything you are entitled to. You need the legal perspective as mother of his children, apart from anything else, he will surely have to give you maintenance for the children?

[ummmm]

Confused....you have 3 very small children. Surely you must be entitled to legal aid. Have you tried?

I know I said that there is no such thing as common law.....but he still has a responsibility to his children.

[cherrychapstick]

Hi again confused ,can i ask what country you stay in as laws are different in different places i know for fact in scotland you are entitled to anything in the house ,is the house rented that you stay in or bought? is both names on the deeds or lease ?

i could ask loads of questions here but i really think you should get to a lawyer tomorrow ,citizens advice bureau ,your first half an hour appointment is free for a lawyers so please get there asap good luck

[lotsafun]

hi confused i know how your feeling because the same thing happened to me with my ex, i was married to him but still walked away with sweet f.a. he never even paid maintenance for our son. I know its sooo frustrating that hes the one in the wrong and you end up with nothing, i know it will make you angry and i also know you will feel very bitter about it, but do you know what your better off without any of it.
the best advise i can give you from my personall experience anyway is that you WiLL be fine, its a brand new start and you will no one to have to thank for it, it will make you stronger and more confident in yourself. Its not going to happen over night granted but just remember that it will happen. good luck xxx

[Eve]

You really do need legal advice. Some firms do a free legal surgery and some, not all, do a free initial consultation though check first so you don't get an unexpected bill.

You need to properly protect yourself, especially if there is any other property and make sure you don't inadvertantly do anything which might prejudice any rights you might have.

Get as many records together as you can as to assets, contributions etc... with back up for financial input such as bank statements, invoices, receipts...

CAB might be able to help you take some of the action yourself from an advice angle so could be worth seeing them as well.

[tamborine]

download the pdf here

http://www.direct.gov...nment_Citizens_Rights

[joggerjayne]

Rights ... dead easy ...

Children ... they have a right to be maintained by their father.

"Common-Law" partner ... none ... nothing ... nada ... zilch.

Sorry, but that's the way it is.

=0(

[tamborine]

facts better than opinions !

If I'd said that JJ, ummm & chuck would have pulled my feathers off ;)

[tamborine]

plucked :(

[ummmm]

What are you yapping on about Tambo? JJ said the same as me.....

[joggerjayne]

tambo ... it's one of those imaginary, non-existent, legal entities.

There is no legal concept of ...

"common law wife" or

"next of kin"

[ummmm]

And your link backs up what we both said....

[tamborine]

yes ummm....but mine are links with facts not opinions!

That's the way to do it - do it - do it ;)